Fourth Department — Improper Jury Instructions: People v. Johnson
By Daily Record Staff
POSTED: May 19, 2013
Tags: Appellate Division, Fourth Department, Improper Jury Instructions
Appellate Division, Fourth Department Improper Jury Instructions Ineffective Assistance of Counsel People v. Johnson KA 08-01199 Appealed from Monroe County Court Background: The defendant appealed his conviction of second-degree murder and second-degree criminal possession of a weapon. The defendant contended that County Court improperly instructed the jury with respect to the justification defense. The Appellate Court concluded [...]
Fourth Department — Guardian Ad Litem: Matter of Manufacturers and Traders Trust Co.
By Daily Record Staff
POSTED: May 16, 2013
Tags: Appellate Division, Fourth Department, Guardian Ad Litem
Appellate Division, Fourth Department Guardian Ad Litem Attorney Fee Matter of Manufacturers and Traders Trust Co. CA 12-01798 Appealed from Surrogate’s Court, Monroe County Background: The appellant appealed from a decree that awarded compensation to the respondent guardian ad litem. The appellant had commenced the action for judicial settlement of the account after the death [...]
Fourth Department — Vehicle Accident: Marrow v. State of New York
By Daily Record Staff
POSTED: May 16, 2013
Tags: Appellate Division, Fourth Department, Vehicle Accident
Appellate Division, Fourth Department Vehicle Accident Shoulder of the Road — Driver Error Marrow v. State of New York CA 12-00974 Appealed from the Court of Claims Background: The claimant commenced a wrongful death action after her husband sustained fatal injuries when a vehicle struck the decedent’s motorcycle as the vehicle was entering the adjacent [...]
Fourth Department — Harsh and Excessive Sentence: People v. Winters 
By Daily Record Staff
POSTED: May 16, 2013
Tags: Appellate Division, Fourth Department, Harsh and Excessive Sentence
Appellate Division, Fourth Department Harsh and Excessive Sentence Felony DWI People v. Winters KA 11-00932 Appealed from Erie County Court Background: The defendant was convicted of a class D felony, Driving While Intoxicated. The defendant claimed that his sentence of nine months incarceration and five years probation was unduly harsh and severe. The defendant was [...]
Fourth Department — Insufficient Evidence: People v. Jones
By Daily Record Staff
POSTED: May 16, 2013
Tags: Appellate Division, Fourth Department, insufficient evidence
Appellate Division, Fourth Department Insufficient Evidence Ineffective Assistance of Counsel People v. Jones KA 10-02428 Appealed from Erie County Court Background: The defendant was convicted of first- and second-degree robbery. The defendant claimed that there was insufficient evidence to support the conviction and that the court erred in failing to rule on pretrial motions. The [...]
Fourth Department — Risk Assessment: People v. Shepard
By Daily Record Staff
POSTED: May 16, 2013
Tags: Appellate Division, Fourth Department, Risk Assessment
Appellate Division, Fourth Department Risk Assessment Due Process People v. Shepard KA 10-01389 Appealed from Monroe County Court Background: The defendant appealed an order finding him to be a level three risk pursuant to the Sex Offender Registration Act. The defendant claimed that county court violated his due process rights, ordering an upward departure from [...]
Fourth Department — Suppression of Evidence: People v. Fox
By Daily Record Staff
POSTED: May 16, 2013
Tags: Appellate Division, Fourth Department, Suppression of Evidence
Appellate Division, Fourth Department Suppression of Evidence Ineffective Assistance of Counsel People v. Fox KA 11-01597 Appealed from Ontario County Court Background: The defendant appealed from judgment convicting him of failing to register as a sex offender. The defendant claimed that his statement during the allocution concerning a potential suppression issue rendered the plea involuntary. [...]
Fourth Department — Construction Contract: Leonard E. Riedl Construction Inc. v. Homeyer
By Daily Record Staff
POSTED: May 15, 2013
Tags: Appellate Division, Construction Contract, Fourth Department
Appellate Division, Fourth Department Construction Contract Release — Subsequent Conduct of the Parties Leonard E. Riedl Construction Inc. v. Homeyer CA 12-01715 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced an action seeking damages for the defendants’ failure to pay for work performed pursuant to a construction contract. The defendants appealed from an [...]
Fourth Department — Sex Abuse: Matter of Arianna M.
By Daily Record Staff
POSTED: May 15, 2013
Tags: Appellate Division, Fourth Department, Sex Abuse
Appellate Division, Fourth Department Sex Abuse Social Worker’s Report — Admissibility Matter of Arianna M. CAF 12-00442 Appealed from Family Court, Jefferson County Background: The respondent father appealed from an order determining that he sexually abused and neglected his children. He argued that a written report of a social worker was inadmissible as it contained [...]
Fourth Department — Adoption: Matter of Angelina K. and Amiya K.
By Daily Record Staff
POSTED: May 14, 2013
Tags: adoption, Appellate Division, Fourth Department
Appellate Division, Fourth Department Adoption Right to Consent — Abandonment Matter of Angelina K. and Amiya K. CAF 12-00393 Appealed from Family Court, Onondaga County Background: The respondent biological father appealed from an order determining that he abandoned his children and that his consent to the adoption was not required. Ruling: The Appellate Division affirmed. [...]
Fourth Department — Trademark Infringement: KG2, LLC v. Weller, et al.
By Daily Record Staff
POSTED: May 14, 2013
Tags: Appellate Division, Fourth Department, trademark infringement
Appellate Division, Fourth Department Trademark Infringement Business Records — Summary Judgment KG2, LLC v. Weller, et al. CA 12-01225 Appealed from Supreme Court, Erie County Background: The plaintiff purchased its business from a seller that four years earlier had purchased the business from the defendant, Bruce Weller. Weller continued to lease the premises following the [...]
APPELLATE DIVISION, FOURTH DEPARTMENT: Website — Halas v. Dick’s Sporting Goods, et al.
By Daily Record Staff
POSTED: May 13, 2013
Tags: website
APPELLATE DIVISION, FOURTH DEPARTMENT Long-Arm Jurisdiction Website — Distributorship Halas v. Dick’s Sporting Goods, et al. CA 12-01868 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a negligence action seeking damages he sustained when he fell from a tree stand manufactured and sold, collectively, by the defendants. The defendant moved to dismiss the [...]
